Resolution-PC 2003-161! ~
RESOLUTION NO. PC2003-161
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04789 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
LOT 1 OF TRACT NO. 10669, IN THE CITY OF ANAHEfM, COUNTY OF ORANGE,
STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 459, PAGES 46 AND
47, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 17, 2003 at 1:30 p.rn., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.04.160.030 to wit: to convert a duplex into a residential care faciliry
including on-site counseling for up to twenry four (24) residents living on the premises.
2. That the proposal is a conditionally permitted use in the underlying RM-1200 (Residential,
Multiple-Family) Zone.
3. That the proposed residential care facility will provide a cost-effective, humane and non-
institutional environment for persons recovering from drug and/or alcohol addiction and, as conditioned
herein, will not adversely affect adjoining land uses and the growth and development of the area in which
it is proposed to be located.
4. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and generaf welfare; and that residents will not be permitted to drive or maintain vehicles on the
property or to have visitors and, therefore, there will be no parking or traffic impacts.
5. That the traffic generated by the proposed residential care facility will not pose an undue
burden upon streets and highways designed to carry the traffic in the area.
6. That granting this conditiona~ use permit, under the conditions imposed, to allow a
residential care facility will not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
7. That three people spoke in opposition to the proposal at the public hearing; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL (~UALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
cr\PC2003-161-as.doc -1- PC2003-161
~
~
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That all services provided at this residentiaf care facility, including counseling, shali be only for the
residents at this address (1300 West Pearl Street).
2. That the petitioner shall provide an on-site manager twenty four (24) hours per day, who will be
responsible for responding to any neighborhood concerns regarding the faciliry. The name and
telephone number of the on-site manager shall be kept on file with the Code Enforcernent Division of
the Anaheim Planning Department.
3. That the trash storage area(s) shall be maintained in a manner satisfactory to the Public Works
Department, Streets and Sanitation Division.
4. That the petitioner shall submit a copy of the license issued by the State of California Department of
Alcohol and Drug Programs authorizing the this use as a residential recovery facility, including any
attached conditions, to the Zoning Division.
5. That no signs shall be visible off-site which identify this use as a residential care facility.
6. That this facility shall be limited to twenty four (24) men recovering from alcohol/chemical
dependency who are ~creened for s~ceess#~-I integratio~ ir~to a reside~tial-se~ing; -and. that, as- -
stipulated by the petitioner, no visitors shall be permitted nor shall residents be permitted to drive or
maintain a personaf vehicle on the premises. The faciliry shall be non-medical and shall be
permitted to provide both group and individual counseling from 8 a.m. to 5 p.m., Monday through
Friday, with a maximum of two (2) counselors.
7. That prior to commencing operation of this business, a valid business license shall be obtained from
the City of Anaheim Business License Division.
8. That no signs advertising this residential care facility shall be permitted.
That no required parking area shall be used for storage or other non-parking use.
10. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty
four (24) hours from the time of its application.
11. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of Variance No. 470 (permitting construction of buildings for marriage, family and general
counseling, a meditation chapel and weddings on four acres) to the Zoning Division.
12. That subject properry shall be maintained in accordance with plans and specifications submitted to
the City of Anaheim by the petitioner and which plans are on file in the Planning Department marked
Exhibit Nos. 1, 2 and 3, and as conditioned herein.
13. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 2, 4, 7, 11 and 12,
above-mentioned shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use
Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim
Municipal Code.
-2- PC2003-161
~ ~
14. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resofution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 17, 2003.
_ ~ir~~
AIRPERSON, ANAHEIM CITY PLA ING COMMISSION
ATT T:
~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
CO- UNTY OF OR -A~1~E ) .ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 17, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ;/~ day of
, 2003.
SENIOR~ECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2003-161